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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 7 as follows:
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6 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
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7 | Sec. 7. Placement of children; considerations.
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8 | (a) In placing any child under this Act, the Department | ||||||
9 | shall place the
child, as far as possible, in the care and | ||||||
10 | custody of some individual
holding the same religious belief as | ||||||
11 | the parents of the child, or with some
child care facility | ||||||
12 | which is operated by persons of like religious faith as
the | ||||||
13 | parents of such child.
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14 | (a-5) In placing a child under this Act, the Department | ||||||
15 | shall place the child with the child's
sibling or siblings | ||||||
16 | under Section 7.4 of this Act unless the placement is not in | ||||||
17 | each child's best
interest, or is otherwise not possible under | ||||||
18 | the Department's rules. If the child is not
placed with a | ||||||
19 | sibling under the Department's rules, the Department shall | ||||||
20 | consider
placements that are likely to develop, preserve, | ||||||
21 | nurture, and support sibling relationships, where
doing so is | ||||||
22 | in each child's best interest. | ||||||
23 | (b) In placing a child under this Act, the Department may |
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1 | place a child
with a relative if the Department determines that | ||||||
2 | the relative
will be able to adequately provide for the child's | ||||||
3 | safety and welfare based on the factors set forth in the | ||||||
4 | Department's rules governing relative placements, and that the | ||||||
5 | placement is consistent with the child's best interests, taking | ||||||
6 | into consideration the factors set out in subsection (4.05) of | ||||||
7 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
8 | When the Department first assumes custody of a child, in | ||||||
9 | placing that child under this Act, the Department shall make | ||||||
10 | reasonable efforts to identify and locate a relative who is | ||||||
11 | ready, willing, and able to care for the child. At a minimum, | ||||||
12 | these efforts shall be renewed each time the child requires a | ||||||
13 | placement change and it is appropriate for the child to be | ||||||
14 | cared for in a home environment. The Department must document | ||||||
15 | its efforts to identify and locate such a relative placement | ||||||
16 | and maintain the documentation in the child's case file. | ||||||
17 | If the Department determines that a placement with any | ||||||
18 | identified relative is not in the child's best interests or | ||||||
19 | that the relative does not meet the requirements to be a | ||||||
20 | relative caregiver, as set forth in Department rules or by | ||||||
21 | statute, the Department must document the basis for that | ||||||
22 | decision and maintain the documentation in the child's case | ||||||
23 | file.
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24 | If, pursuant to the Department's rules, any person files an | ||||||
25 | administrative appeal of the Department's decision not to place | ||||||
26 | a child with a relative, it is the Department's burden to prove |
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1 | that the decision is consistent with the child's best | ||||||
2 | interests. | ||||||
3 | When the Department determines that the child requires | ||||||
4 | placement in an environment, other than a home environment, the | ||||||
5 | Department shall continue to make reasonable efforts to | ||||||
6 | identify and locate relatives to serve as visitation resources | ||||||
7 | for the child and potential future placement resources, except | ||||||
8 | when the Department determines that those efforts would be | ||||||
9 | futile or inconsistent with the child's best interests. | ||||||
10 | If the Department determines that efforts to identify and | ||||||
11 | locate relatives would be futile or inconsistent with the | ||||||
12 | child's best interests, the Department shall document the basis | ||||||
13 | of its determination and maintain the documentation in the | ||||||
14 | child's case file. | ||||||
15 | If the Department determines that an individual or a group | ||||||
16 | of relatives are inappropriate to serve as visitation resources | ||||||
17 | or possible placement resources, the Department shall document | ||||||
18 | the basis of its determination and maintain the documentation | ||||||
19 | in the child's case file. | ||||||
20 | When the Department determines that an individual or a | ||||||
21 | group of relatives are appropriate to serve as visitation | ||||||
22 | resources or possible future placement resources, the | ||||||
23 | Department shall document the basis of its determination, | ||||||
24 | maintain the documentation in the child's case file, create a | ||||||
25 | visitation or transition plan, or both, and incorporate the | ||||||
26 | visitation or transition plan, or both, into the child's case |
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1 | plan. For the purpose of this subsection, any determination as | ||||||
2 | to the child's best interests shall include consideration of | ||||||
3 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
4 | Juvenile Court Act of 1987.
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5 | The Department may not place a child with a relative, with | ||||||
6 | the exception of
certain circumstances which may be waived as | ||||||
7 | defined by the Department in
rules, if the results of a check | ||||||
8 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
9 | a prior criminal conviction of the relative or
any adult member | ||||||
10 | of the relative's household for any of the following offenses
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11 | under the Criminal Code of 1961 or the Criminal Code of 2012:
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12 | (1) murder;
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13 | (1.1) solicitation of murder;
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14 | (1.2) solicitation of murder for hire;
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15 | (1.3) intentional homicide of an unborn child;
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16 | (1.4) voluntary manslaughter of an unborn child;
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17 | (1.5) involuntary manslaughter;
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18 | (1.6) reckless homicide;
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19 | (1.7) concealment of a homicidal death;
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20 | (1.8) involuntary manslaughter of an unborn child;
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21 | (1.9) reckless homicide of an unborn child;
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22 | (1.10) drug-induced homicide;
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23 | (2) a sex offense under Article 11, except offenses | ||||||
24 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
25 | 11-40, and 11-45;
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26 | (3) kidnapping;
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1 | (3.1) aggravated unlawful restraint;
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2 | (3.2) forcible detention;
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3 | (3.3) aiding and abetting child abduction;
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4 | (4) aggravated kidnapping;
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5 | (5) child abduction;
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6 | (6) aggravated battery of a child as described in | ||||||
7 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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8 | (7) criminal sexual assault;
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9 | (8) aggravated criminal sexual assault;
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10 | (8.1) predatory criminal sexual assault of a child;
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11 | (9) criminal sexual abuse;
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12 | (10) aggravated sexual abuse;
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13 | (11) heinous battery as described in Section 12-4.1 or | ||||||
14 | subdivision (a)(2) of Section 12-3.05;
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15 | (12) aggravated battery with a firearm as described in | ||||||
16 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
17 | (e)(4) of Section 12-3.05;
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18 | (13) tampering with food, drugs, or cosmetics;
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19 | (14) drug-induced infliction of great bodily harm as | ||||||
20 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
21 | Section 12-3.05;
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22 | (15) aggravated stalking;
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23 | (16) home invasion;
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24 | (17) vehicular invasion;
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25 | (18) criminal transmission of HIV;
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26 | (19) criminal abuse or neglect of an elderly or |
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1 | disabled person as described in Section 12-21 or subsection | ||||||
2 | (b) of Section 12-4.4a;
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3 | (20) child abandonment;
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4 | (21) endangering the life or health of a child;
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5 | (22) ritual mutilation;
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6 | (23) ritualized abuse of a child;
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7 | (24) an offense in any other state the elements of | ||||||
8 | which are similar and
bear a substantial relationship to | ||||||
9 | any of the foregoing offenses.
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10 | For the purpose of this subsection, "relative" shall | ||||||
11 | include
any person, 21 years of age or over, other than the | ||||||
12 | parent, who (i) is
currently related to the child in any of the | ||||||
13 | following ways by blood or
adoption: grandparent, sibling, | ||||||
14 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
15 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
16 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
17 | step-father, step-mother, or adult
step-brother or | ||||||
18 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
19 | a person related in any
of the foregoing ways to a sibling of a | ||||||
20 | child, even though the person is not
related to the child, when | ||||||
21 | the
child and its sibling are placed together with that person. | ||||||
22 | For children who have been in the guardianship of the | ||||||
23 | Department, have been adopted, and are subsequently returned to | ||||||
24 | the temporary custody or guardianship of the Department, a | ||||||
25 | "relative" may also include any person who would have qualified | ||||||
26 | as a relative under this paragraph prior to the adoption, but |
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1 | only if the Department determines, and documents, that it would | ||||||
2 | be in the child's best interests to consider this person a | ||||||
3 | relative, based upon the factors for determining best interests | ||||||
4 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
5 | Court Act of 1987. A relative with
whom a child is placed | ||||||
6 | pursuant to this subsection may, but is not required to,
apply | ||||||
7 | for licensure as a foster family home pursuant to the Child | ||||||
8 | Care Act of
1969; provided, however, that as of July 1, 1995, | ||||||
9 | foster care payments shall be
made only to licensed foster | ||||||
10 | family homes pursuant to the terms of Section 5 of
this Act.
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11 | Notwithstanding any other provision under this subsection | ||||||
12 | to the contrary, a fictive kin with whom a child is placed | ||||||
13 | pursuant to this subsection shall apply for licensure as a | ||||||
14 | foster family home pursuant to the Child Care Act of 1969 | ||||||
15 | within 6 months of the child's placement with the fictive kin. | ||||||
16 | The Department shall not remove a child from the home of a | ||||||
17 | fictive kin on the basis that the fictive kin fails to apply | ||||||
18 | for licensure within 6 months of the child's placement with the | ||||||
19 | fictive kin, or fails to meet the standard for licensure. All | ||||||
20 | other requirements established under the rules and procedures | ||||||
21 | of the Department concerning the placement of a child, for whom | ||||||
22 | the Department is legally responsible, with a relative shall | ||||||
23 | apply. By June 1, 2015, the Department shall promulgate rules | ||||||
24 | establishing criteria and standards for placement, | ||||||
25 | identification, and licensure of fictive kin. | ||||||
26 | For purposes of this subsection, "fictive kin" means any |
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1 | individual, unrelated by birth or marriage, who is shown to | ||||||
2 | have close personal or emotional ties with the child or the | ||||||
3 | child's family prior to the child's placement with the | ||||||
4 | individual. | ||||||
5 | The provisions added to this subsection (b) by this | ||||||
6 | amendatory Act of the 98th General Assembly shall become | ||||||
7 | operative on and after June 1, 2015. | ||||||
8 | (c) In placing a child under this Act, the Department shall | ||||||
9 | ensure that
the child's health, safety, and best interests are | ||||||
10 | met.
In rejecting placement of a child with an identified | ||||||
11 | relative, the Department shall ensure that the child's health, | ||||||
12 | safety, and best interests are met. In evaluating the best | ||||||
13 | interests of the child, the Department shall take into | ||||||
14 | consideration the factors set forth in subsection (4.05) of | ||||||
15 | Section 1-3 of the Juvenile Court Act of 1987.
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16 | The Department shall consider the individual needs of the
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17 | child and the capacity of the prospective foster or adoptive
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18 | parents to meet the needs of the child. When a child must be | ||||||
19 | placed
outside his or her home and cannot be immediately | ||||||
20 | returned to his or her
parents or guardian, a comprehensive, | ||||||
21 | individualized assessment shall be
performed of that child at | ||||||
22 | which time the needs of the child shall be
determined. Only if | ||||||
23 | race, color, or national origin is identified as a
legitimate | ||||||
24 | factor in advancing the child's best interests shall it be
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25 | considered. Race, color, or national origin shall not be | ||||||
26 | routinely
considered in making a placement decision. The |
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1 | Department shall make
special
efforts for the diligent | ||||||
2 | recruitment of potential foster and adoptive families
that | ||||||
3 | reflect the ethnic and racial diversity of the children for | ||||||
4 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
5 | shall include contacting and
working with community | ||||||
6 | organizations and religious organizations and may
include | ||||||
7 | contracting with those organizations, utilizing local media | ||||||
8 | and other
local resources, and conducting outreach activities.
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9 | (c-1) At the time of placement, the Department shall | ||||||
10 | consider concurrent
planning, as described in subsection (l-1) | ||||||
11 | of Section 5, so that permanency may
occur at the earliest | ||||||
12 | opportunity. Consideration should be given so that if
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13 | reunification fails or is delayed, the placement made is the | ||||||
14 | best available
placement to provide permanency for the child.
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15 | (d) The Department may accept gifts, grants, offers of | ||||||
16 | services, and
other contributions to use in making special | ||||||
17 | recruitment efforts.
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18 | (e) The Department in placing children in adoptive or | ||||||
19 | foster care homes
may not, in any policy or practice relating | ||||||
20 | to the placement of children for
adoption or foster care, | ||||||
21 | discriminate against any child or prospective adoptive
or | ||||||
22 | foster parent on the basis of race.
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23 | (Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; | ||||||
24 | 96-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff. | ||||||
25 | 8-24-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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1 | Section 10. The Child Care Act of 1969 is amended by | ||||||
2 | changing Sections 2.04 and 2.17 as follows:
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3 | (225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
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4 | Sec. 2.04.
"Related" means any of the following | ||||||
5 | relationships by
blood, marriage, or adoption: parent, | ||||||
6 | grandparent, great-grandparent, great-uncle,
great-aunt, | ||||||
7 | brother, sister,
stepparent, stepbrother, stepsister, uncle, | ||||||
8 | aunt, nephew, niece, fictive kin as defined in Section 7 of the | ||||||
9 | Children and Family Services Act, or
first cousin.
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10 | (Source: P.A. 80-459 .)
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11 | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
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12 | Sec. 2.17.
"Foster family home" means a facility for child | ||||||
13 | care in
residences of families who receive no more than 8 | ||||||
14 | children unrelated to them,
unless all the children are of | ||||||
15 | common parentage, or residences of relatives who
receive no | ||||||
16 | more than 8 related children placed by the Department, unless | ||||||
17 | the
children are of common parentage, for the purpose of | ||||||
18 | providing family care and
training for the children on a | ||||||
19 | full-time basis, except the Director of Children
and Family | ||||||
20 | Services, pursuant to Department regulations, may waive the | ||||||
21 | limit of
8 children unrelated to an adoptive family for good | ||||||
22 | cause and only to
facilitate an adoptive placement. The | ||||||
23 | family's or relative's own children,
under 18 years of age, | ||||||
24 | shall be included in determining the
maximum number of children |
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1 | served. For purposes of this Section, a "relative"
includes any | ||||||
2 | person, 21 years of age or over, other than the parent, who (i) | ||||||
3 | is
currently related to the child in any of the following ways | ||||||
4 | by blood or
adoption: grandparent, sibling, great-grandparent, | ||||||
5 | uncle, aunt, nephew, niece,
first cousin, great-uncle, or | ||||||
6 | great-aunt; or (ii) is the spouse of such a
relative; or (iii) | ||||||
7 | is a child's step-father, step-mother, or adult step-brother
or | ||||||
8 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
9 | a person related in any of the
foregoing ways to a sibling of a | ||||||
10 | child, even though the person is not related
to the child, when | ||||||
11 | the child and its sibling are placed together with that
person. | ||||||
12 | The term "foster family home" includes homes receiving children | ||||||
13 | from
any State-operated institution for child care; or from any | ||||||
14 | agency established
by a municipality or other political | ||||||
15 | subdivision of the State of Illinois
authorized to provide care | ||||||
16 | for children outside their own homes. The term
"foster family | ||||||
17 | home" does not include an "adoption-only home" as defined in
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18 | Section 2.23 of this Act. The types of
foster family homes are | ||||||
19 | defined as follows:
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20 | (a) "Boarding home" means a foster family home which | ||||||
21 | receives payment
for regular full-time care of a child or | ||||||
22 | children.
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23 | (b) "Free home" means a foster family home other than an | ||||||
24 | adoptive home
which does not receive payments for the care of a | ||||||
25 | child or children.
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26 | (c) "Adoptive home" means a foster family home which |
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1 | receives a child or
children for the purpose of adopting the | ||||||
2 | child or children.
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3 | (d) "Work-wage home" means a foster family home which | ||||||
4 | receives a child
or children who pay part or all of their board | ||||||
5 | by rendering some services
to the family not prohibited by the | ||||||
6 | Child Labor Law or by standards or
regulations of the | ||||||
7 | Department prescribed under this Act. The child or
children may | ||||||
8 | receive a wage in connection with the services rendered the
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9 | foster family.
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10 | (e) "Agency-supervised home" means a foster family home | ||||||
11 | under the direct
and regular supervision of a licensed child | ||||||
12 | welfare agency, of the
Department of Children and Family | ||||||
13 | Services, of a circuit court, or of any
other State agency | ||||||
14 | which has authority to place children in child care
facilities, | ||||||
15 | and which receives no more than 8 children, unless of common
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16 | parentage, who are placed and are regularly supervised by one | ||||||
17 | of the
specified agencies.
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18 | (f) "Independent home" means a foster family home, other | ||||||
19 | than an
adoptive home, which receives no more than 4 children, | ||||||
20 | unless of common
parentage, directly from parents, or other | ||||||
21 | legally responsible persons, by
independent arrangement and | ||||||
22 | which is not subject to direct and regular
supervision of a | ||||||
23 | specified agency except as such supervision pertains to
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24 | licensing by the Department.
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25 | (Source: P.A. 92-318, eff. 1-1-02.)
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